Partition suit -- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since properties are joint family properties, plaintiff is entitled to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 12 kg of poppy husk - Search and seizure - Official witnesses proved that after giving notice to accused, an option was given to be searched before Gazetted Officer or Magistrate - Search was conducted and recovery of 12 kgs poppy husk was effected - I.O after arresting accused and recovering..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simplicitor - Suit is maintainable when plaintiff is in possession of suit property...........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Where no buyer seller relationship is established between contracting parties and only a debtor creditor relationship is established, no charge u/s 55(6)(b) of T.P.Act can be claimed...........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
Civil Procedure Code, 1908, Section 47, Order 21 -- Execution - Pendente lite transferee - Adjudication of right, title and interest - Question of bona fide purchaser or entitlement of any declaration of title or interest over property based on pendente lite transfer cannot be raised in execution of decree of immovable property either u/s 47 or under any of provisions in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
Transfer of Property Act, 1882, Section 106 -- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant evicted with conditions...........
